(영문) 서울고등법원 2020.11.24 2020나2014787

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(영문) 서울고등법원 2020.11.24 2020나2014787

양수금 등 청구

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The part against the defendant exceeding the money ordered to be paid under the judgment of the first instance shall be revoked and revoked.

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the part of "1. Facts" on the grounds of the judgment of the first instance, except where the corresponding part of the judgment of the first instance is dismissed or added as follows. Thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.

Each "2019." in the 4th 8th and 9th , shall be changed to "2017."

In Part 4, the term "debted against the plaintiff" shall be added between "D" and " principal" in Part 17.

Part 4: The following shall be added to Part 19:

(3) According to the above rehabilitation plan plan, D’s conversion of the above 233,809,814 won into equity and issued 467,618 shares to the Plaintiff on March 8, 2019, and the Plaintiff finally acquired shares of 93,523 shares by undergoing the procedures for consolidating shares of 5:1 shares on the same day. The value of the shares acquired by the Plaintiff was 36,729 won per share as of March 31, 2019, totaling 36,729 won per share, totaling 36,435,052,874 won per share 36,729 x 93,523 shares x 93,523 shares) and it is confirmed that the amount was the same as of March 8, 2019.

2. Article 250(2)1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides that “The rehabilitation plan is a rehabilitation debtor for whom rehabilitation procedures commence by any rehabilitation creditor or any rehabilitation secured creditor.”

It provides that the rights of the guarantor and other persons who bear obligations together with the debtor shall not be affected by the debtor.

However, if it is prescribed in the rehabilitation plan as a principal debtor in lieu of repayment of all or part of rehabilitation claims or rehabilitation security rights, the surety obligation of the debtor debtor is assessed at the market price of new shares acquired by rehabilitation creditors, etc. as of the effective date of issuance of new shares through a conversion of investment, and it is decided to substitute the repayment of

참조조문

-민사소송법 제420조

-채무자 회생 및 파산에 관한 법률 제250조 제2항 제1호

유사 판례

-서울고등법원 2020.11.24.선고 2020나2014787 판결

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